Terms of Sale

TERMS AND CONDITIONS

1. Introduction

These Terms and Conditions govern the sale and purchase of products, including but not limited to construction machinery (excavators, loaders), forklifts, energy storage equipment, and aerial work platforms, provided by Xequipment ("Seller") to its customers ("Buyer"). By placing an order with Seller, Buyer agrees to be bound by these Terms and Conditions.

2. Products and Services

2.1 Seller offers a range of high-quality, cost-effective imported products, focusing on green and renewable energy equipment. Seller's team of experts carefully selects and matches products to provide the best value for money to Buyers .

2.2 In addition to the sale of products, Seller provides comprehensive after-sales and supporting services, including product installation, maintenance, and technical support. These services are designed to ensure that Buyers can enjoy the benefits of high-performance equipment while receiving timely and efficient local support .

3. Pricing and Payment

3.1 The prices of the products are subject to change without prior notice. All prices are quoted in the currency specified by Seller and are exclusive of any applicable taxes, duties, or other charges, unless otherwise stated.

3.2 Payment for the products shall be made in accordance with the payment terms specified in the order confirmation. Unless otherwise agreed in writing, payment shall be made within 30 days from the date of invoice. Late payments may incur interest at a rate of 2% per month on the outstanding amount.

4. Delivery and Risk

4.1 Delivery of the products shall be made to the address specified by Buyer in the order. Seller shall use its best efforts to deliver the products within the agreed time frame, but shall not be liable for any delay in delivery due to circumstances beyond its reasonable control.

4.2 Risk of loss or damage to the products shall pass to Buyer upon delivery. It is Buyer's responsibility to inspect the products upon receipt and notify Seller of any discrepancies or damages within 48 hours.

5. Warranty and Liability

5.1 Seller warrants that the products sold shall be free from defects in material and workmanship for a period of 12 months from the date of delivery, unless otherwise stated. This warranty does not cover damage caused by misuse, negligence, or unauthorized repairs.

5.2 Seller's liability for any breach of these Terms and Conditions or for any loss or damage suffered by Buyer shall be limited to the purchase price of the affected products, except in cases of gross negligence or willful misconduct.

6. Intellectual Property

6.1 All intellectual property rights, including but not limited to patents, trademarks, copyrights, and trade secrets, in and to the products and any related documentation shall remain the property of Seller or its licensors.

6.2 Buyer shall not use any of Seller's intellectual property without prior written consent. Any unauthorized use may result in legal action and damages.

7. Confidentiality

7.1 Both parties agree to keep confidential all non-public information disclosed by the other party in connection with these Terms and Conditions. This obligation shall survive the termination of these Terms and Conditions for a period of 5 years.

8. Termination

8.1 Either party may terminate these Terms and Conditions upon written notice to the other party if the other party breaches any material term or condition and fails to remedy such breach within 30 days after receiving notice of the breach.

9. Governing Law

9.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia. Any disputes arising out of or in connection with these Terms and Conditions shall be resolved through arbitration in accordance with the rules of the Australian Commercial Disputes Resolution Centre.

10. Miscellaneous

10.1 These Terms and Conditions constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements, whether written or oral.

10.2 Any amendments or modifications to these Terms and Conditions shall be effective only if made in writing and signed by both parties.